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In The Coca-Cola Company v Glacier Water Industries the High Court of Delhi has issued a permanent injunction prohibiting Glacier Water Industries from using Coca-Cola’s KINLEY mark and passing off its goods as those of Coca-Cola. In doing so, the court confirmed the protection afforded to well-known trademarks in India.
Lucasfilm trademark scuffle, Breaking Bad beer battle and Tanzania launches counterfeit campaign: news round-up
In our latest round-up, we look at how half of cybercrime revenues come from illicit online marketplaces, the Brexit-related trademark ruffling feathers, how cryptocoin names are often inspired by movies and books, and why Lucasfilm is being sued for trademark infringement.
Rospatent has announced that a faster process for the expedited examination of trademarks and patents is now available. The new timeframe provides significant benefits for applicants, but brand owners must be aware of this change when building their strategies against potentially infringing applications.
Kit Kat blow, Comey trademark abandoned, and Russian IP office pledges blockchain support: news round-up
In our latest round-up, we look at the advocate general’s latest Kit Kat opinion, INTA’s call for more research on illicit trade, Liverpool Football Club embroiled in a dispute, strong start for the ‘.app’ new gTLD, and advice on building a fashion retail brand in 2018.
In Makemytrip v Orbit, travel company MakeMyTrip sought to restrain use of the mark GETMYTRIP by competitor Orbit on the basis of its registered rights in the mark MAKEMYTRIP. The High Court of Delhi found, among other things, that MakeMyTrip was guilty of suppression of facts, and set aside the ex parte interim injunction granted in its favour.
Despite court's non-infringement ruling, TTAB affirms Section 2(d) refusal of MOAB for automobiles and parts
The TTAB has affirmed a Section 2(d) refusal to register the mark MOAB for motor vehicles, finding it likely to cause confusion with the mark MOAB INDUSTRIES for automotive conversion services. While the application was pending, a federal court ruled in favour of the applicant in a trademark infringement and unfair competition action brought by the registrant, but the TTAB found that the ruling had no estoppel effect on the determination of this ex parte appeal.
“Generic drug-making is a fast-track business”: Sandoz trademark head reveals approach to IP management
For the latest in World Trademark Review’s series of interviews with WTR 300-listed corporate counsel, we met up with David Lossignol, INTA’s president-elect and global head of trademarks for Sandoz. He explained how he overcomes the challenges of managing pharmaceutical brand rights across many jurisdictions and addressed the growing threat of brand restrictions.
Qatar is currently seeking to reinforce its IP protection regime by providing a stronger legal basis for the protection of customer rights, in addition to improving and organising administrative filing systems. This update examines recent trademark-related developments in the country which reflect the approach taken by the government to achieve these goals.
adidas takes anti-counterfeiting fight to Instagram sellers, highlights enforcement challenge faced by brands
In a lawsuit filed last week on behalf of adidas and Reebok International in the US District Court for the Southern District of Florida, the sports brands took aim at 53 sellers of alleged counterfeit goods on social media and e-commerce sites (ie, eBay.com, Bonanza.com, iOffer.com and Instagram.com). For those not yet monitoring the platform, the action provides a reminder that Instagram should be a part of policing strategies.
Groundbreaking paper suggests neuroscience could transform trademark strategies both inside and outside the courtroom
A new research paper foresees a future in which brain scans fundamentally transform the current understanding of trademarks. The paper, released last month, predicts that so-called 'neuromarks' a neural map unique to each brand could become crucial sources of evidence in trademark disputes and provide a biological baseline for the basic questions at the heart of trademark law.
Nepal launches collective tea mark, HP ramps up anti-fakes efforts and new CITMA president: news round-up
Every Tuesday and Friday, World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at the election of a new president at CITMA, how HP is stepping up its anti-counterfeiting outreach, Sri Lanka’s plans to ban colour on cigarette branding and a decision on ownership of the BLACK FRIDAY mark.
The Article 29 Data Protection Working Party has written to ICANN to provide guidance on its proposed interim model for ensuring that the treatment of WHOIS data is compliant with the GDPR. While welcoming ICANN’s efforts to date, it raised a number of concerns with the proposed approach and did not address the request for a moratorium on enforcement.
Despite being key litigation battlegrounds, World Trademark Review's Global Trademark Benchmarking survey reveals that counsel confidence in the court systems of China and the United States remains shaky.
In an exclusive interview with World Trademark Review, the general manager of IP Australia’s innovation and technology group, Rob Bollard, expands on how the office’s digital transformation will help users and reveals that the organisation is exploring the establishment of a Centre of Excellence to encourage intangible asset lending in Australia.
Trademark counsel have had their say on the efficiency of customs authorities across the globe with some of the largest importers of counterfeit goods giving cause for continued concern.
The Supreme Court has upheld lower courts' decisions involving the jointly-owned trademark ANTUMANAL. The complainants, who owned 12.5% of the rights over the mark, had filed a suit against another joint owner, who possessed 87.5% of the rights. Among other things, the Supreme Court held that the use of the trademark and the fame of the Antumanal Hotel both predated the controversy at issue, which ruled out any bad faith on the part of the defendant.
Call for more robust online RPMs, Alibabacoin hits back and getting legal advice from a robot: news round-up
In our latest round-up, we look at a trademark infringement lawsuit involving much-loved US TV sitcom I Love Lucy, the experts calling for more robust rights protection mechanisms, how Alibabacoin is hitting back at the Alibaba lawsuit and how the Smiley trademark owner is targeting the Indian market.
Half of companies have lost revenue to online counterfeits, as darknet infringement predicted to rise
New research from MarkMonitor reveals that almost half of the companies it surveyed had lost sales revenue to online counterfeits. Equally worrying was the finding that almost a third had no online brand protection plan in place. Despite increasing infringement levels, cost and resources continue to prove elusive for those keen to fight fakes and that situation is unlikely to improve any time soon.
In Roemmers v Diamond Films, the Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title. The plaintiff, who had launched a musical play under the name "Franciscus, Una razón para vivir”, argued that the title of the play was used as a mark.
Trump, Brexit and Korean reunification: the political issues weighing on the minds of trademark practitioners
New research from World Trademark Review has revealed the key political issues that trademark counsel say could significantly impact enforcement efforts, both now and in the future. Leading the way are the policies of US President Donald Trump, the potential implications of the UK’s exit from the European Union, and the possible reunification of the two Koreas.
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